1. A. The provider may not admit a child to the home for child care or allow a child to remain in care unless the provider has received:

   1. (1) An emergency form for the child as required in Regulation .04A(1) of this chapter; and

   2. (2) Unless the child is temporarily admitted or retained pursuant to §D of this regulation:

      1. (a) A written report of a health assessment of the child on a form supplied or approved by the office; and
      2. (b) Evidence, on a form supplied or approved by the office, that the child has had immunizations appropriate for the child's age that meet the immunization guidelines set by the Maryland Department of Health.
2. B. If a child is younger than 6 years old at the time of admission to the home, the provider may not allow the child to remain in care at the home if the parent does not, in accordance with COMAR 10.11.04, submit evidence to the provider on a form supplied or approved by the office that the child has received an appropriate lead screening or test.
3. C. A family child care provider who also provides treatment foster care in the home may not admit a child for treatment foster care in the home unless the child is being placed in the home in a preadoptive capacity.

4. D. Temporary Admission.

   1. (1) A provider may temporarily admit or retain a child in care if the child’s parent or guardian is unable to provide documentation of immunization as required in §A(2)(b) of this regulation.

   2. (2) For a child to be temporarily admitted or retained in care, the parent or guardian shall present evidence of the child’s appointment with a health care provider or local health department to:

      1. (a) Receive a medical evaluation to include, if applicable, a lead screening or test;
      2. (b) Receive a required immunization;
      3. (c) Acquire evidence of age-appropriate immunizations on a form approved by the office; or
      4. (d) Reconstruct a lost record.
   3. (3) The date of appointment, set pursuant to §D(2) of this regulation, may not be later than 20 calendar days following the date the child was temporarily admitted or retained in care.
   4. (4) A provider shall exclude from care a child who has been temporarily admitted or retained in care if the parent fails to provide the documentation required by §A(2) of this regulation within 3 business days after the date of the appointment made pursuant to §D(2) of this regulation.

Authority: Education Article, §§9.5- 115, 9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, and 9.5-321;
General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);
Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);
Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);
Social Security Act §418 (42 U.S.C. 618)

Effective date: October 20, 2008 (35:21 Md. R. 1826)

Regulation .02A amended effective July 20, 2015 (42:14 Md. R. 882)

Regulation .02B amended effective January 13, 2020 (47:1 Md. R. 12)

Regulation .02D adopted effective July 20, 2015 (42:14 Md. R. 882)

Regulation .03 amended effective June 24, 2013 (40:12 Md. R. 1043); January 13, 2020 (47:1 Md. R. 12)

Regulation .03B amended effective April 19, 2010 (37:8 Md. R. 618)

Regulation .03E amended effective July 20, 2015 (42:14 Md. R. 882)

Regulation .03H, J adopted effective March 17, 2025 (52:5 Md. R. 238)

Regulation .03I recodified from H effective March 17, 2025 (52:5 Md. R. 238)

Regulation .04 amended effective January 13, 2020 (47:1 Md. R. 12)

Regulation .04A amended effective April 19, 2010 (37:8 Md. R. 618)

Regulation .04A-1 adopted effective April 19, 2010 (37:8 Md. R. 618)

Regulation .04B amended effective July 20, 2015 (42:14 Md. R. 882)

Regulation .04C adopted effective July 20, 2015 (42:14 Md. R. 882)

Regulation .05 amended effective April 19, 2010 (37:8 Md. R. 618); January 13, 2020 (47:1 Md. R. 12)

Regulation .05G adopted effective July 20, 2015 (42:14 Md. R. 882)